Appeal from a judgment of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), entered January 31, 2008. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $175.

ORDERED that the judgment is affirmed without costs.

In this small claims action in which plaintiff seeks to recover an alleged overpayment of annual membership dues for the August 1, 2005 to July 31, 2006 fiscal year, the District Court, after a nonjury trial, found in favor of plaintiff awarding him the principal sum of $175. Upon a review of the record, we find that the District Court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UDCA 1804, 1807; Williams v Roper, 269 AD2d 125, 126 [2000]). The membership dues, as set forth in the agreement between the parties in effect as of August 1, 2005, were, by its terms, "annual dues to be paid, in advance on a monthly basis." Thus, the increase in the annual dues which defendant instituted effective January 1, 2006, in the middle of its fiscal year, failed to comply with the terms and conditions set forth in its agreement with plaintiff.

Accordingly, we find no reason to disturb the judgment in favor of plaintiff.

Molia, J.P., Nicolai and Tanenbaum, JJ., concur.
Decision Date: October 06, 2009